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SAURABH SHYAM SHAMSHERY
Rajesh Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Saurabh Shyam Shamshery, J.
1. Heard Sri Ajeet Kumar Singh, learned counsel for Applicants, Sri Bhagwan Singh Yadav, learned counsel for Opposite Party No.2/Complainant/informant and Sri Om Prakash Mishra, learned Additional Government Advocate.
FACTUAL MATRIX
2. Applicants are Doctor Couple. Applicant no.1 is a Surgeon, whereas applicant no.2 is a Gynecologist. They are practising at their hospital namely Singh Life Care Hospital Ltd, Rajepur, Disrict-Ghazipur.
3. Complainant (Anandi Singh Yadav) lodged an First Information Report on 19.4.2015 at 10.30 hours, under Sections 147, 302, 323, 395 and 504 I.P.C. alleging that an occurrence took place in the night of 18/19.4.2015 at said hospital wherein applicants along with unknown persons have allegedly caused death of his son. Contents of complaint mentioned in FIR is reproduced hereinafter:-
4. Post mortem of deceased was conduced on 19.4.2015 at about 4.30 P.M. whereupon 24 Ante Mortem injuries were found and it was opined that cause of death was ‘Coma and Haemorrhagic shock as a result of Ante-Mortem Injuries’. For reference Ante-Mortem Injuries’ are mentioned hereinafter:
1. LACERATED WOUND 4 CM X 1 CM
The court emphasized that a Magistrate must provide substantial reasons for rejecting a final report and taking cognizance, especially when evidence indicates accidental death rather than homicide.
Defective investigations that neglect crucial evidence cannot justify discharge; courts must ensure thorough investigations in cases involving dowry-related deaths.
The judgment establishes the principle that a fair and just investigation is essential for a fair trial, and the defective investigation cannot be a ground for discharge. It emphasizes the obligation....
A negative final report does not bar further investigation and prosecution in cases of medical negligence requires substantial expert evidence.
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